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HomeMy WebLinkAbout20211682 Ver 1_Sketch_20211118Duke Energy Excavation Permit Aunlication Form FOR DUKE ENERGY USE ONLY Duke File No. Application Fee $ Security Deposit $ Check #___ Date Recv'd Initials Date of Duke Energy Lake Services, applicant and/or contractor on -site inspections Date,o Z4 21 Initials_ jZrA __ IDate Final Protection/Avoidance Area Markings Field - Verified Approved to Start Work By Date Completion Required Date Passed Closeout Inspection* (Print) Date of Any Approved Extension Initials Initials Date (Sign) Initials Any Stop Work Orders or SMG Violations*? (check one) ❑Yes ONo (If Yes, explain in PART V) Date Deposit Refunded Initials __ Date Permit Database Updated Initials * Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work Orders with application. Part I. Applicant Information (Please Print) Name Tammy Bridges Telephone 336-706-2854 Email address: tammy@puritilabs.com Lake Address Mailing Address (if different) 210 Canal Dr. 130 Lake Top Lane Statesville, NC 28677 Statesville, NC 28677 Contractor Company CBC Stone & Recycling, LLC Contractor Contact Person Janice Estep Telephone 704-660-5111 Contractor Email Address: info@cbcstoneandrecycling.com LAKE LOT INFORMATION Lake Norman County Iredell Subdivision Kale Park City Statesville State NC Tax Map No. Lot / Section No. PID # 4701779843 Lot Size 0.46 Acres Duke Energy Page 4 of 13 rev 10/1/2019 Excavation Program Duke Energy Excavation Permit Application Form Are there any Co -Applicants*? (check one) ❑Yes ®No (If Yes, include names, street addresses or lot numbers, pier numbers, phone numbers, and email addresses in Part V — Additional Information) * Co -Applicants exist when the proposed work is being done under a single application, will be performed by a single contractor as one continuous project, and is done to benefit multiple owners / lease holders of Project -front properties within a single development. There can be no more than 4 co -applicants in addition to the lead applicant on any application. Do not continue the application until an on -site inspection has been conducted between a Duke Energy Lake Representative and the applicant and/or the excavation contractor. NOTE. Initialling this portion of the application by a Lake Representative in no way constitutes approval or eminent approval of the excavation or any other lake use permitting activity. Date of on -site inspection 10 20 Z! Initials (Duke Energy) r (applicant/contractor) Duke Energy Page 5 of 13 rev 10/1/2019 Excavation Program Duke Eneru Excavation Permit Application Form Part II. Description of Project A. Basic Information 1. Type of excavation: (check one) ❑ New excavation I] Maintenance excavation 2 Purpose of excavation: (check one) ❑ Water Intake Channel ❑ Other (specify): 121 Boat Access Channel ❑ Wastewater Discharge Channel 3. Lake user category: (check one) ElPrivate ❑Residential Marina ❑Commercial Marina [Public ❑Other (specify): 4. Max. Excavation Area Dimensions (ft): Length 40' Width 40' Depth 3' = 111. `11 cU (Note: include additional area dimensions if� n cess�a�r� so response to #S below equals max. area �J ��` X 30 x ' "U C4rrne_ �CYJc dimensions in #4) 3 y 4b6 3v.X 3 ` 5horcxl "v` chv.r,r,e1 = 1333 33 Cy _ Li 333.33 `dex)` x 3d` 'a' 5kc�,reci „v;, c_vnu%,r%,I = y'-I'i.'1�cy+ LI = 111.11 eLj 5. Volume of Excavated Material (TOTAL for the project): 922.21 Cubic yards 6. Type of material removed (applicant determines by field sample if practical): DirUSiIt 7. Excavation Site area: 0.569 Acre (s) Disposal Site area: 101.18 Total Disturbed Area (including equipment staging area): 0.580 Acre(s) Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) ✓ (es 1To 10. Do you claim title to the disposal area? (check one) ❑Yes ✓ No 11. Do you claim title to the equipment staging area? (check one) E]Yes -.To 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) Yes ✓ Jo (If Yes, specify): 13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and disposal area design): Dredge by barge, haul material off by land and take to disposal site located at 1025 Lewis Ferry Rd. Statesville, NC 28677. Shared "V" channels are split between owners of 210, 212, 216 and 220 Canal Dr. Duke Energy Page 6 of 13 rev 10/1/2019 Excavation Program Duke Enerev Excavation Permit Application Form 14. Type(s) of excavation equipment to be used: Long Reach Excavator 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) OYes ❑No (If yes, explain) By barge 16. Will return water re-enter the reservoir? (Check one) ❑Yes ONo ❑N/A (If Yes, sped points) of re-entry and show on Excavation Area Drawing) 17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? 14Yes ❑No (If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed facility). Permit ff 13404 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures complete): START 7 / 22 FINISH 7 / 22 (Month) (Year) (Month) (Year) Duke Energy Page 7 of 13 rev 10/1/2019 Excavation Program 0 m CL CD O O n n O N o o 0 C Q h 3 o CD CD O S o a a a sn m oCD O �c o o p CD a 0 O O N- z Z s p Z c� Q b Q(o m o cr l< 0- 0-0 `cr ,may SD a �i CL �m R 0 T \V� I r1 R y d O � O 0 N o ri. ty a. CD C t, PD e+ O tm CD C Ll. En CD 0. 2 \ \ C CD (E \ r \ o Cr' a ƒ CDi= � ( ; )P °w ; y E\ c Ef e% k k �D \\/7* \ \ \ \ ( *® n k2 2 D Z Z � 7 Sim � & # i ti < ° � » k � i * 7 A Duke Energv Excavatio RA r>;nit � iicatian Form C. AgPlicwifs Si a.tures Comments: Ne�3b6 rs Applicant Name (pri Applicant Signature Co -Applicant Name (pi-hg) Co -Applicant Signature* Co -Applicant Name (print) Co -Applicant Signature* Co -Applicant Name O)rhg) Ca -Applicant Signature Co -applicant dame (print) Co -Applicant Signature* ® hBOUb � 'm arg e 1�0 e a bg SAC,- esv lilt) NC `( SBCCI1 01" noa IV-vCe.n a la eano..l -Dr. 0e ) n\C a8l-7-I Date Date Tate Date *Per ray- signature.. the infosrriaion p-o�--ided in tl-is application is correct to the best ofmy knowledge, Duke Enemy Page 10 of 13 rev [t�`ii?019 Excavation Protmani Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date yhbla1 TO: Duke Energy c/o Lake Services - EC 12Q 526 S. Church Street Charlotte, NC 28202 RE: Excavation For (Subdivision and Lot #'s or Other Project Name) C'a.1 br. ?IN '-lin 11�98y3 I�cele 1a (Lake/County/City) (Applicant's full name) _n.rnmV,i caaZ.S hereby agrees to comply with all recommendations, requirements andYor conditions of Duke Energy, General Permit(s) (if applicable) and other federal, state and local agency requirements pertaining to the application to excavate for the purpose of a boa+ access In addition, I/we have read and agree to comply with Duke Energy's current Shoreline Management Plan (SMP) or other applicable guidelines, much of which is repeated herein, and understand that written authorization must be obtained from Duke Energy prior to beginning any activity within the Federal Energy Regulatory Commission (FERC) project boundary or on Duke Energy property associated with a reservoir, collectively referred to as Project Boundary. The excavation will be completed as described in the approved application and within eighteen (18) months from the date of written approval by Duke Energy, unless specifically noted otherwise in the application or unless I/we obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy. 1/we understand that if the SMP or other applicable guidelines or rules change during any extension period, I/we will be expected to comply with the new requirements to the maximum extent practicable. 1/we also recognize that failure to complete the excavation within this build -out period will require the filing of a new application within the then - current SMP or other applicable guidelines and the new application must include any applicable fees and security deposits. I/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the Project Boundary where the excavation activity is to take place, or if not the owner or lease holder, 1/we have included proof of title to the property and written authorization from the owner(s) or lease holder(s) to carry out the proposal within the Project Boundary adjacent to their land. I/we attest to be the owner(s) or lease holder(s) of the land that will be used for equipment staging and disposal of excavated material or if not the owner or lease holder, I/we have included proof of title to the property and written authorization from the owner(s) or lease holder(s) to carry out the work on their land. Duke Energy Page 1 g Rev: 4/6/2020 I/we understand that all excavation work must be done directly in front of my/our property and as specified in Duke Energy's approval. I/we also understand that access channels must run perpendicular to the shoreline while within the third of the cove area that is nearest my/our property. 1/we understand that for proposed excavations, Uwe must notify the appropriate local, state and federal agencies in advance of the activity by sending them a completed copy of Duke Energy's Excavation Permit Application Form and other required information. I/we understand that written authorization and/or other permits may be required by some of these agencies and such required authorizations must be obtained before Uwe submit the final application to Duke Energy. At FERC-licensed reservoirs, Uwe understand that except for maintenance excavations, any excavation exceeding 2000 cubic yards of material removed or any excavation or shoreline stabilization work needed to support an application that requires FERC review does itself require specific review and approval by the FERC before Duke Energy can issue any approvals. I/we agree that unless specifically approved otherwise in the application, explosives will not be used as part of this excavation activity. 1/we understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife and other natural resources. Uwe understand that applicants in South Carolina proposing excavations that are not covered under the General Permit, or are greater than 150 cubic yards, must receive prior written authorization from the South Carolina Department of Health and Environmental Control (SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed application to Duke Energy. I/we agree that excavation activities will not occur during the months of March, April, May and June because of the potential impacts to fish spawning areas. I/we understand that trees and vegetation growing within or adjoining the lake play an important role in its overall environmental condition, and the ecological benefit the vegetation has on fish and wildlife habitat directly supports a sound and healthy lake environment. 1/we also understand that unauthorized removal of shoreline vegetation (e.g. button bushes, willows, cattails, etc.) and/or disturbance of the shoreline buffer may result in suspension or denial of lake use permitting requests, forfeiture of security deposits and require re-establishment of vegetation at my/our expense, particularly if the disturbance is found to be in violation of state or local ordinances or impacts FERC project buffers. 1/we agree all excavated material will be placed in upland areas, landward of the Project Boundary, and confined to prevent erosion and sedimentation back into the lake or nearby streams. Duke Energy Page i g Rev: 4/6/2020 1/we agree to adequately stabilize all excavated material and all disturbed shoreline to prevent erosion and runoff into the lake. I/we understand that the double handling of excavated material will not be allowed; therefore, all excavated material must be placed above the Project Boundary in one handling. Uwe have designed the hydraulic excavation process (if any will be used) so that return water re- enters the lake in the same general vicinity and cove as the excavation, to the maximum extent practicable. I/we agree that the proposed excavation will not be for the purpose of creating additional shoreline, will not alter the Project Boundary or the full pond contour, and will not impact threatened or endangered species, historic properties, or environmentally -important areas, unless special public entity provisions were made in the application. I/we recognize that it is my/our responsibility to clearly locate in the field and label on my/our work area drawings any areas that require specific protection or avoidance during this excavation work. Examples of these protection/avoidance areas include but are not limited to, any Environmental Areas, Natural Areas or Impact Minimization Zones as identified by Duke Energy; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water, sewer, electric or communications lines. Uwe agree to provide my/our contractor with a copy of these work area drawings showing these areas to stress the necessary protection measures. Uwe agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are discovered during the excavation, work shall be halted immediately. 1/we will then notify Duke Energy and the State Historic Preservation Office to determine what measures, if any, I/we must pursue to protect or salvage the archaeological resources. Ilwe agree that any excavation from within the Project Boundary will not exceed the volume as outlined in the application and will remove and disturb only what is absolutely necessary to achieve the project's stated purpose. 1/we agree to be fully responsible for the permitted lake use and 1/we understand that this responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. I/we understand Duke Energy representatives may issue Stop Work Directives for violations of the SMP or other applicable guidelines and other consequences may result from such violations, including but not limited to suspension or cancellation of approved permits, increases in fees, modification or removal of non -complying structures and restoration of disturbed areas at mylour own expense or loss of any consideration for future lake use permits. I/we agree to immediately comply with any Stop Work Directives, to fully cooperate with Duke Energy and other agencies as necessary, and to perform the necessary remedial actions within the specified time frame. Duke Energy Page 3 Rev: 4/6/2020 14-e agree to develop any required mitigation plans and to complete any re tared mitigation activities at mylourr own expense within the specified time frames. Ate recognize that the excavation work is not considered complete and deposits will not be refunded until the mitigation requirements (if any) have been satisfactorily fulfilled. I/m_e agree to notify Puke Energy by drone when the excavation is initiated and to ensure that during the excavation period. Five will rust Duke Energy's approval lett4r in a clear waterproof bag at the job site and visible from the water's edge 1,4ve agree to notify Duke Energy ins when the excavation is completed (including any required mitigation measures) and that the excavation was completed per the approved application, so a close-out inspection can he performed. Ave recognize secut7 ,deposits will not be refunded if any violations of the SNIP, other applicable guidelines, or this user's agreement occur. Five understand there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. 14e agree to maintain the work area in a safe condition and to filly indemnify and save Duke, Energy harmless from any and all claims, liability, loss or damage that tray arise from this excavation project. Vine understand that this user's agreement does not, in any way, constitute the transfer of any rights in real property and that mi1our use and enjoyment of FERC project and Duke Energy lands and waters shall not hinder the general public"s lawful use and enjoyment of the same. Sincerely, Applic is Name (Prof _. Applic nt's Sipn S�_� Co-Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Nang (Print) _ txil a Encq, Pave Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature Type: CONSOLIDATED REAL PROPERTY Recorded: 9/9/2020 2:36:08 PM Fee Amt: $296.00 Page 1 of 3 Revenue Tax: $270.00 Irenell County, NC Ronald N. Wyatt Register of Deeds BK 2732 PG 2209 - 2211 EXCISE TAX : $ c2no I uJ This instrument was prepared by: Robert A, Benson, Esg, Grantee's mailing address: 8164 Mabe Marshall Road, Surnmerfield, NC 27358 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this --i= day of So -rte,�6£a , 2020, by and between GRANTOR GRANTEE RICHARD H. ZADLO TAMMY D. BRIDGES (unmarried) Property Address: 210 Canal Drive Statesville, NC 28677 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNE.SSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all that certain lot or parcel of land situated in the City of Statesville, lredell County, North Carolina and more particularly described as follows: See attached Exhibit A submitted electronically by "Greensboro taw center" in compliance with North carolina statutes governing recordable documents and the terms of the submitter agreement with the Iredell county Register of Deeds.' Book: 2732 Page: 2209 Page 1 of 3 The property hereinabove described was acquired by Grantor by instrument recorded in Book 2587 at Page 117, Iredell County Registry. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions; Subject to restrictions, easements and rights of way ofrecord, if any, and to ad valorem taxes for the current year. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (Seal) STATE OF NORTH CAROLINA COUNTY OF 6 LA'( �f—cl a Notary Public of• County, State of �, , certify that RICHAR.D H. ZADLO personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal is � day of a 2020. MNOTARYPUBLIC . CLARK ., __ . Notary Public UJI COUNTY, NG 0'-�i�- My Commission Expires Book: 2732 Page: 2209 Page 2 of 3 EXHIBIT A Beginning at an existing 1 1/2 inch pipe in the southern margin of Canal Drive, the northeastern corner of Bobby Pope (heed Book 1775, page 1017), and running thence with the margin of Canal Drive, 5buth 86-56-00 Eastl14.14 feet to a tall 2 inch post, corner of Keith Levan (Lot 1, Plat Book 8, page 15); thence with the lane of ,Levan, So,ath 86-56-oo East 110.75 feet to an existing 1 inch pipe in the margin of Lake Dorman; thence crossing the margin of Lake Dorman, South 29-25-32 West 111.48 feet to an existing 1/2 inch pipe, corner of Bobby pope; thence with the line of Bobby Pope, North 86-58-02 West 175.39 feet to a No. 4 rebar set in the margin of an asphalt strive; thence continuing with the margin of the asphalt drive, the line of Bobby Pope, North 03-04-00 East lo0.00 feet to an existing 1 1/2 inch pipe in the southern margin of Canal Drive, the point and place of Beginning, containing 0.459 acres, more or less. For back title, see Deed gook 501, page 142, Iredell County Registry. Iredell County PIN; 4701-77-9843 ,6- U Book: 2732 Page' 2209 Page 3 of 3